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BD. OF ED. ASBURY PK. v. ASBURY PK. ED. ASSN.

145 N.J. Super. 495 (1976)

368 A.2d 396

BOARD OF EDUCATION OF THE CITY OF ASBURY PARK, PLAINTIFF, v. ASBURY PARK EDUCATION ASSOCIATION, RUSSELL LEIDY, PRESIDENT, EDWARD HUDSON, CARLO MANNA, LEWIS GIVLER, ALBERT BROWN, JOHN KNIGHT, LANUEL FERGUSON, ANTHONY GIORDANO, JUDITH YOUNG, ROBERT TAYLOR, THOMAS WALSH, PEOLA SMITH, DANIEL MURPHY, MAX LIDDICK, AND DORIAN PARREOTT, AND ALL OFFICERS, MEMBERS AND AGENTS OF THE ASBURY PARK EDUCATION ASSOCIATION, AS A CLASS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 18, 1976.

Attorney(s) appearing for the Case

Mr. Malachi J. Kenny for plaintiff (Messrs. Murray, Meagher & Granello, attorneys).

Mr. Thomas W. Cavanagh, Jr., for defendants (Messrs. Chamlin, Schottland, Rosen & Cavanagh, attorneys).

YACCARINO, J.S.C.

This case presents the court with two interrelated issues of first impression in this State. First, may teachers properly withhold the performance of "extracurricular" activities while continuing to perform what they contend to be their sole educational responsibility, i.e., the completion of classroom assignments; or does the withholding of such "extracurricular" activities constitute an illegal strike? Second, if the withholding of "extracurricular...

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